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Opdated: 02.12.2006
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Rights of the accused.

The rights of the accused are described in the Criminal Procedures Act. The accused must be informed of the nature of the charge(s) brought against him or her upon being arrested and attending court for the first time. The accused must also be given the chance to refute the grounds on which the charge is based.

Although the accused has a general right to attend court proceedings and to summon and examine witnesses, the court can order him or her to leave the courtroom while a witness is being examined "if there is special reason to fear that an unreserved statement will not otherwise be made." The accused must be informed subsequently of the proceedings that occurred in his or her absence. In special circumstances, such as if national security interests are at stake, the accused may be entirely excluded from the proceedings.

The court's verdict must be communicated to the accused as soon as possible, along with information on rights of appeal. Court judgements and orders are to be accompanied by reasons.

The accused has the right to bring appeals against court verdicts, both on questions of fact and questions of law. There are, however, several limitations on the exercise of this right. For example, appeals to the Supreme Court, which is the highest judicial body, can only take place if permitted by the Court's Appeals Selection Committee (Kjæremålsutvalget). Moreover, the general rule is that such appeals can only be based on alleged errors of law. In other words, the Supreme Court is unable to try questions of evidence related to the issue of guilt.

The accused do not have the right to have their cases tried by jury. As a basic rule, however, appeals from verdicts reached by the court of first instance on cases concerning felonies punishable by more than 6 years' imprisonment are dealt with by the High Court (Lagmannsrett). In these cases, there is a jury (lagrett) present to decide the question of guilt.

Assistance to the accused.
As a general rule, the accused is entitled to the assistance of defence counsel of his or her choice during all stages of the judicial process. The accused is also provided with the free assistance of defence counsel, chosen by the court, during the main court hearing. There are several exceptions to the latter rule, such as if the case involves a certain minor offence, like driving under the influence of alcohol, or when the accused has made an unreserved confession. However, these exceptions apply only in cases tried by the City or District Court.

 

 

 


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